I'm In A Pickle - Rental Property Related

[Thump_rrr]

I need some different opinions on what to do here.

So, I own a few units in the LA area, and I receive a call from Tenant A, "hey Ruben I just wanted to let you know, Tenant B's husband had a heart attack and died, he was my nephew"...i gave them my condolences and told them I was sorry.

Terrible situation all around, as I'm not good with this stuff. So, I know for a fact Tenant B's husband, was the bread maker for that family 3 kids and a stay at home wife.

So, regarding rent, I planned on sitting down with the widow at the end of the month and asking how they planned to proceed. I planned to give them March free either way, but need to know how they plan to pay me the following month. If there's obvious signs they can't and won't pay, I'll have to start the process of eviction. (obviously I don't want to, but morals a side, this is business)

Am I in the wrong? I feel like that's generous, as I've rented before. What would you guys do?

They have always been good tenants, always paid on time and have been there 9 years. I've owned the property 4 months.

I typed this on my cell so give me a break in grammar.

Thanks for you're opinions guys, I don't know what to really do.

First and foremost don't listen to some of the heartless pricks on this forum telling you not to do anything.
You have gotten to this point in your life where you can afford to own investment property by making your own decisions.
Some people put the value of money above all else but by your original post it doesn't seem to me that you fit that profile.

I think that your decision to give them a free months rent is very nice.
If it were me I would go over there and offer my condolences and mention to the widow that you would like to give them the month of march free to relieve a bit of financial pressure during this difficult time.

I do not know the rental laws in your state or city so I won't comment on how to proceed further.
Where I am located we are bound by a lease agreement which extends to the spouse so I wouldn't be able to commence eviction till 21 days past the date of non payment. I have had instances where I lost 3 months rent till a tenant was evicted.
This is part of business and it goes in the expense column and is deducted from any profit made during the fiscal year.
The bottom line is let your conscience guide you.

 

[Regulars520]

I would say it depends on you. Its your business and your income. If you can afford to make yourself feel better by doing what you feel is a good thing then do what makes you feel good. Either choice you make you are not in the wrong. You run a business and not a free service so expecting and collecting the rent on time is to be expected. Doing what makes you feel more human is your choice and is not wrong either.

 

[MG0h3]

First and foremost don't listen to some of the heartless pricks on this forum telling you not to do anything.
You have gotten to this point in your life where you can afford to own investment property by making your own decisions.
Some people put the value of money above all else but by your original post it doesn't seem to me that you fit that profile.

I think that your decision to give them a free months rent is very nice.
If it were me I would go over there and offer my condolences and mention to the widow that you would like to give them the month of march free to relieve a bit of financial pressure during this difficult time.

I do not know the rental laws in your state or city so I won't comment on how to proceed further.
Where I am located we are bound by a lease agreement which extends to the spouse so I wouldn't be able to commence eviction till 21 days past the date of non payment. I have had instances where I lost 3 months rent till a tenant was evicted.
This is part of business and it goes in the expense column and is deducted from any profit made during the fiscal year.
The bottom line is let your conscience guide you.

Heartless pricks huh.....are you a liberal dbag?

The OP asked for advice.

You have NO IDEA how he came to be a landlord, or what his financial situation is.

Additionally, nobody here knows if there was a death or what the real story is.

Last but definitely not least, maybe your wisdom led you to have tenants stay that didn't pay for three months.

Might be a strong reason not to take your advice.

 

[TK Doom]

First and foremost don't listen to some of the heartless pricks on this forum telling you not to do anything.
You have gotten to this point in your life where you can afford to own investment property by making your own decisions.
Some people put the value of money above all else but by your original post it doesn't seem to me that you fit that profile.

I think that your decision to give them a free months rent is very nice.
If it were me I would go over there and offer my condolences and mention to the widow that you would like to give them the month of march free to relieve a bit of financial pressure during this difficult time.

I do not know the rental laws in your state or city so I won't comment on how to proceed further.
Where I am located we are bound by a lease agreement which extends to the spouse so I wouldn't be able to commence eviction till 21 days past the date of non payment. I have had instances where I lost 3 months rent till a tenant was evicted.
This is part of business and it goes in the expense column and is deducted from any profit made during the fiscal year.
The bottom line is let your conscience guide you.

Hey, ignoring the insult, let me just say that, "The bottom line is let your conscience guide you." does not work at ALL in todays business arena.

Especially in a CA.

Been a landlord for 7 years, when you make decisions based on your version, not being a heartless prick, bad things happen.

:shrug:

Good luck OP!

 

[Thump_rrr]

Heartless pricks huh.....are you a liberal dbag?

The OP asked for advice.

You have NO IDEA how he came to be a landlord, or what his financial situation is.

Additionally, nobody here knows if there was a death or what the real story is.

Last but definitely not least, maybe your wisdom led you to have tenants stay that didn't pay for three months.

Might be a strong reason not to take your advice.

I'm not a liberal or a dbag but everyone is entitled to their opinion.

You on the other hand have problems with reading comprehension which is why I re quoted the important part.

Where I am located we are bound by a lease agreement which extends to the spouse so I wouldn't be able to commence eviction till 21 days past the date of non payment. I have had instances where I lost 3 months rent till a tenant was evicted.

By the time my complaint against the tenant goes before the rental board, a decision is reached, and the court order is executed it may take up to 3 months.
There is no other way for me to legally evict a tenant.
This is why I recommended he check out the laws in his state.

 

[MG0h3]

Dont start with your reading comprehension crap.

You said ignore the heartless pricks.

I asked if you are a liberal dbag.

So who has the reading comprehension problem?

One can never tell what a tenant will do so sometimes it is just luck in getting a good tenant.

However, I do know from experience that you don't want to be overly friendly with tenants or "give" anything away. We all give enough away by default in late rents, damage to property, etc.

Its best to be firm and clear while not being belligerent. I've learned that its best to feel out the tenant and see what type of landlord they need. This is why I would recommend waiting to see if they pay, and react as needed if they don't. If they don't pay, how the OP deals with them is best based on how they act. I've always stressed how important communication is to my tenants. In fact I've never even charged a late fee because of it. I tell them up front if they let me know when they are going to be late and how they tend to rectify the problem, I won't charge late fees or evict them. Its always worked for me.

 

[RDJ]

with Kommiefornia being the way it is .. the op CANNOT start eviction proceedings until the rent is actually late but it can be only one day late and he can serve them with an eviction notice which must give them three days to pay up or get out the LAST day of which must be a business day.

Frankly as a landlord I agree in part with the ops plan (with the exception above). Once I have PROOF of the death I would give them a free month. but make it clear that rent must resume on the 1st of the following month. and if that payment is not made within 5 days of the rent being due I would institute proceedings.


Situations like this is the reason I pay a property manager 10% to take care of business.

 

[OhIIICobra]

With California being the most socialist state in the union, they're covered:

http://dpss.lacounty.gov/programs.cfm

If they are non U.S. citizens, they qualify for even more programs. The fact that they had a death of a primary wage earner opens up the state coffers even more. But if you want to give away income to supplement state and federal programs it's on you. They will probably be pulling in $900+ in SNAP (food) benefits alone now each month until the mother decides to get a job. They can rake in Temporary Assistance for Needy Families as well...etc etc.

 

[RDJ]

This is why I personally would give them the month. it takes some time to get the social programs moving, and just losing a husband / father her head is not going to be straight right off the bat. (unless she hated him lol).

With California being the most socialist state in the union, they're covered:

http://dpss.lacounty.gov/programs.cfm

If they are non U.S. citizens, they qualify for even more programs. The fact that they had a death of a primary wage earner opens up the state coffers even more. But if you want to give away income to supplement state and federal programs it's on you. They will probably be pulling in $900+ in SNAP (food) benefits alone now each month until the mother decides to get a job. They can rake in Temporary Assistance for Needy Families as well...etc etc.

 

[RDJ]

This is why I personally would give them the month. it takes some time to get the social programs moving, and just losing a husband / father her head is not going to be straight right off the bat. (unless she hated him lol).

With California being the most socialist state in the union, they're covered:

http://dpss.lacounty.gov/programs.cfm

If they are non U.S. citizens, they qualify for even more programs. The fact that they had a death of a primary wage earner opens up the state coffers even more. But if you want to give away income to supplement state and federal programs it's on you. They will probably be pulling in $900+ in SNAP (food) benefits alone now each month until the mother decides to get a job. They can rake in Temporary Assistance for Needy Families as well...etc etc.

 

[oldmodman]

This is why none of the people that have ever rented any of my properties have ever even known who I am.

i let a management company handle everything. They are up to the minute on all the horribly restrictive California, Los Angeles city, and City of Santa Monica rental laws.

They are all different and all lean toward tenant rights. The management company keeps me out of the picture and then the tenants being evicted of sued for property damage only have a faceless corporate entity to rage against.

Renting out property is a business, not a charity. If you can't be an incredible hardass and are willing to throw a widow and her children out into the snow you need to hire someone who will.

I may be called an asshole for having such a bad attitude (I am one in real life) but a business must be run as a business. But on the other hand i have never kept a security or cleaning deposit unless it was warranted.

 

[RedRocketMike]

OP, I'm a very business minded person too. I would wait and see what happens. They may have a life insurance policy or some other means you aren't aware of. Regardless of whether or not they can afford to pay no doubt they will take that free month if you offer it. Maybe they can't handle it and then you can let a month slide to be a nice guy later on, nothing wrong with that if they've been good tenants. Hopefully someone in their household will step up and get a job.


Also, not giving up a month might be great example of being penny wise and pound foolish. Losing a month to possibly maintain a good tenant is much better than losing a good tenant, then losing more months trying to find a replacement who might try to screw you later on.

 

[04YellowGT]

I have a rental myself that was my first home. I think you are doing the right thing, as long as you have proof that he really passed away. I have only had two renters in my property in 5 years. The first had their sick mother living with them that had cancer. Which was legit but they tried using that as an excuse to not pay rent on time and get out of the late fee. I gave them one month of paying late for free and then they kept trying it by using different excuses. It never stopped till they moved out, even though I only gave it to them once.

My new renters have already tried to make excuses for not paying on time. They put the check in the mail but forgot to put the stamp on the envelope.... Right

 

[KingBlack]

my suggestion...instead of a free months rent, charge them a dollar...something minimal as it may protect you in the end. giving them free rent could set a precedence you dont want

 

[OhIIICobra]

It will also set a precedent for the uncle's family in your other unit and they will want equal treatment when a relative dies. When they catch wind that you are giving the spouse a break, they will likely want one too as they were related as well. I wouldn't touch that situation with a 50 foot pole.

 

[jbs$]

Look in the mirrow and ask yourself if you are running a business or a hobby. If it is a part time hobby and not run by regular business practices, then sell before you lose your ass in it.

 

[me32]

If you give one month free they are automatically allowed 2 months free. Cause you would owe them 30 day additional to evict them. As a person in the same business you do not allow your emotions to get in the way of business. Same goes about not renting to friends or family it never ends well.

 

[YJSONLY]

Here is an idea.... Instead of telling them you have gave them a month free. Tell them someone who wanted to remain anonymous contacted you and paid for 1 month rent. That way you do not get the he is a push over type guy and are expected to do this for all tenets. I would not pull this card until they call you tho!!!! Let them figure out this and that.... More times than not if you give people a foot they will take a mile!!!

 

[wizbangdoodle]

Do what makes you able to sleep at night.

 

[TK Doom]

Didn't know that all the SVTPers were landlords as well! Deed musta came with the car!